U.S. Constitution study guide: Difference between revisions

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* the Preamble states the Constitution's general purposes  

'''{{#tip-text: We the People of the United States|

* = declaration of self-government

** which is listed in Article I, Section 8}}''' and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

All '''{{#tip-text: legislative Powers| law-making, from the Latin, "legis," for "law"}}''' herein granted shall be vested in a '''{{#tip-text: Congress|

'''congress''' =

** the 2021-2023 Congress is the 117th}}''' of the United States, which shall consist of a Senate and House of Representatives.

* how the members of the House will be elected

* how their representation will be calculated ("apportionment") via a census

* members of the House shall be elected very two years

* = representatives of the people divided by population not by state

* the Constitution sets a minimum of 30,000 people per Representative

* this requirement is lower than for the Senate or the presidency because

** the House is supposed to represent the people more largely

* that Senators were supposed to be 30 and the president 35 was a result of the concept of "checks and balances" and of the "republican principle" which held that the people should be government by virtuous rulers (assumes that the older are the more virtuous)}}''', and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

* = dividing up, or allotting (distributing)

* = "apportionment" of the slave population as every 1 slave = 3/4ths of 1 population count for purposes of calculating representation in the House

* = a compromise was reached during the Constitutional Convention to settle the problem of representation for slaves who were not considered citizens

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

* in the Constitution, impeachment has two steps:

# the House has the power to "impeach," or accuse, an officer of the government (president, judges, officials); impeachments are started by simple majority vote.

* the extent of impeachment is limited to removal from office and no other civil or criminal punishment}}'''.

The '''{{#tip-text: Senate of the United States|

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.

* protects the powers of states to elect Senators

The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

** = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''.

affirms independence of each house in protection of interference upon one another

Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a  

** again, it is an important protection derived from the American colonial and British Civil War experiences}}''' for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, '''{{#tip-text: be privileged from Arrest|

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7 sets rules and processes for legislation to become law, including:

* bills for taxes must originate in the House

* signature of President required

'''{{#tip-text: All Bills for raising Revenue|Bills regarding taxes must "originate" in the House

* however, it becomes a powerful weapon for the President upon the end of a Congressional session, which forces adjournment of Congress and during which there is usually much last-minute law-making activity}}'''.

* Section 8 "enumerates" or "expresses" the powers of Congress

* i.e, Section 8 lists out exactly what Congress can do in law

* nominally (meaning stated but not in reality), Congress can only do what is expressed here & elsewhere in the Constitution  

* however, the "General welfare," "Commerce" and "Necessary and Proper" clauses allow Congress to do most anything it wants so long as it or the courts can justify it under these clauses

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;===  but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the Credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; to constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

* no suspension of Habeas Corpus except in times of emergencies

* no taxes on inter-state trade

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.